Opinion
2010-316 K C.
Decided March 29, 2011.
Appeal from an order of the Civil Court of the City of New York, Kings County (Margaret A. Pui Yee Chan, J.), entered November 4, 2009. The order granted defendant's motion to vacate a judgment entered following his default on a stipulation.
ORDERED that the appeal is dismissed.
PRESENT: WESTON, J.P., GOLIA and RIOS, JJ.
Since plaintiff failed to submit written opposition to defendant's motion to vacate a judgment entered following defendant's default on a stipulation, the Civil Court's order granting defendant's motion must be deemed to have been entered on plaintiff's default, and this appeal by plaintiff must be dismissed, as no appeal lies from an order entered upon the default of the appealing party ( see CPLR 5511; see also Viggiani v
Grodotzke, 306 AD2d 273; Brown v Chase , 3 Misc 3d 129[A], 2004 NY Slip Op 50371[U] [App Term, 2d 11th Jud Dists 2004]).
Weston, J.P., Golia and Rios, JJ., concur.